Fattu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11690 of 2026 Arising Out of PS. Case No.-557 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== 1.
Fattu Kumar S/o- Late Anand Kumar Resident of Village- Shyampur Barwa, W.No-18, PS-Sugauli District- East Champaran 2.
Mandeep Kumar S/o- Late Gagandev Patel Resident of Village- Shyampur Barwa, W.No-18, PS-Sugauli District- East Champaran 3.
Sandeep Kumar S/o- Late Gagandev Patel Resident of Village- Shyampur Barwa, W.No-18, PS-Sugauli District- East Champaran 4.
Pradduman Kumar S/o- Late Gagandev Patel Resident of Village- Shyampur Barwa, W.No-18, PS-Sugauli District- East Champaran 5.
Lalita Devi W/o- Late Gagandev Patel Resident of Village- Shyampur Barwa, W.No-18, PS-Sugauli District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Sugauli P.S. Case No. 557 of 2025 lodged on 26.10.2025, for the offence punishable under Section 126(2), 115(2), 118(1), 109, 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 5 named accused persons (all the present petitioners). The allegation in the FIR is that on petty dispute, scuffling took place between the informant's side and the petitioners' side. In
Patna High Court CR. MISC. No.11690 of 2026(2) dt.12-03-2026 2/3 result, injury has been caused.
4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that the informant's side and the petitioners' side are resident of the same village and well known to each other. Counsel submits that the dispute has arisen between the parties only due to the reason that hot discussion took place among the children of the family members. Counsel submits that realizing the same, the parties have filed joint compromise petition before the trial court which is annexed as Annexure-P/2. Counsel further submits that the petitioners have clean antecedent and only on petty issue, scuffling took place which resulted into injury.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of C.J.M., East Champaran, Motihari, in connection
Patna High Court CR. MISC. No.11690 of 2026(2) dt.12-03-2026 3/3 with Sugauli P.S. Case No. 557 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with further conditions:- (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear before the Trial Court on each and every scheduled date, and failure to do so for two consecutive dates without any plausible reason/explanation shall be resulted into cancellation of their bail bonds by the Trial Court itself;
7. The Trial Court is directed to verify the criminal antecedent(s) of the petitioners, and in case, it is found at any stage that the petitioners have concealed the fact about their criminal antecedent(s), the Trial Court shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J) Divyansh/- U T